CL Finance claimform for GE Money Edge card 'debt'

[letsgetitsorted]

Hi There

is there anyone who may be able to advise?

i have just recieved a claim form from NCC, with the claimant being CL finance, this claim form is dated 20 july 2009, and this is the first I have heard from CL Finance, any and all advise is welcome, this was sent out according to the postmark 19/10/2009. yesturday.

on having a closer read, i see that they took the debt on 15/07/2009, then filled for ccj on the 20th without sending any letters, they also had my old address in type, then crossed out and writen a new address in red pen, is this legal?

many thanks

Edited October 20, 2009 by srandall88
furtherr info to add

[cerberusalert]

Thread moved

[letsgetitsorted]

Hi

Can anyone advise please,

 

on 20th oct i received a claim form from NCC.

 

I filled a partial defence, asking to be able to add further details when I recieve them.

 

I have also asked cohen to supply details of account etc.

 

this was done on 21st oct and sent special delivery.

 

it has now been over 14 days since i requested the information and have had no response from cohen at all...

 

.where/ what do i need to do now?

 

please advise...many thanks in advance

[PGH7447]

get a defence ready and submit it before the deadline which I believe is 28 days from acknowldgement

[postggj]

Seems Cl Finance Are Going Over Board With These Claims As Expected, Same With Cohen

 

Dont You Agree Pgh

 

Lets Tie Them Up In Legal Limbo Shall We So You Know Who Gets Nothing

[PGH7447]

agreed postgjj

 

This is the second this week I have responded to

[IdaInFife]

Have moved your thread to the legal forums

 

ida x

[letsgetitsorted]

Hi All

i am waiting for a letter for our county court this week to say they are throwing the cl.cohern case out lack of evidence on their part.

after reading various posts and threads, I have decided to take on

1)vanquis

2)aqua

3)cap1+dca

4)littlewoods

all of these where taken out 04-06, have prepared CCA requests for each to send out tomorow, but before I do id there anything i will need to be aware off.

 

many thanks on advance for the advice

 

i will be donating to cag when i win each one. sure i will.

[letsgetitsorted]

Just an Update

the DCA for cap 1 have returned my request saying that it has been sent back to cap 1.

[letsgetitsorted]

hi there, is there anyone who may be able to advise me on where to go from here. listed below is the details of whats been received and what i have done with regards to the Claim.

 

20th October received a cc claim from Cohern/CL Finance.

the claim was actually dated 20th July but I had moved, and the claim had old address crossed out with new address written, contacted the court straight away, who said i needed to respond by 4pm the following day, so i filled an embarrassed defense.

21st October wrote to cohern requesting further information, to date not received.

22nd October received letter from CC acknowledging defense.

17th November recieved letter from court transfering case to local court.

1st December wrote to Cohern again with CPR 31.14 request for all information that they are relying on in court. to date nothing recieved.

8th december received letter from CC - it is ordered that: unless the claimant files an AQ by 4pm on the 15th December his statement of case shall be automatically struck out on that date at that time.

16th December had letter from CC: it is ordered pursuant to CPR 3.3(4) that the claimant do file and serve a copy of the regulated agreement relied upon on or before 4pm on the 23rd December.

29th December sent another letter requesting the information. with 14 day deadline to respond.

[postggj]

well if the claimant , well cohen has failed to send the agreement by the 23 december as requested by the court

 

the court will strike out the claim

 

have you phoned the court for an update

 

why are you sending extra letters to coward

29 december

 

you are on the courts time table, not cowards

[letsgetitsorted]

Hi Postggi,

thanks for the reply, no I haven't phoned the court for an update, thats on my list for Monday. sent the to make sure I have records to show that this information has been requested by me on more than 1 occasion, to show how inept they are.

just looked at credit file and they have put default on it.

[letsgetitsorted]

hi can anyone advise me on this please,

20th october i recieved a CC Claim from CL finance, no other details/letters recieved, checked my credit file and can see that the defaulted a debt that they purchased in august, still no letters recieved, the claim was dated 20th July , purchased from santander 15th july, can they put default notice on file without sending any letters and how can i get this removed.

many thanks in advance

[ski1382]

What have they put as their particulars of claim?? Any chance you can scan it and put it on here? Obviously, remove the personal details!

 

You need to send a CPR 31.14 to CL requesting copies of the documents they refer to on the CC claim form.

 

I am currently undergoing my own battle with CL / Cohens, but, I note that you have already found my thread!

[letsgetitsorted]

hi SKI the cpr 31.14 has been requested not once but now 3 times all of which have been delivered and signed for. still no response though. now dont expect any post for at least 2 days as we are now snowed in.

anyway i have created a small site to upload my letters to,

just click on the images and they will enlarge.

New Page 1

[ski1382]

Have you filed a defence against the CCC?

[letsgetitsorted]

Hi SKi

Because of the timescale, i contacted northampton CC straight away over the phone and was told as the claim was dated 20th July i needed to acknowledge it straight away, i acknowledge this with an embarrassed defense, which i found on here, and also asked for the ability to add to it at a later date,

[ski1382]

OK, so are you just waiting for Cohen's to respond to your defence?

[letsgetitsorted]

yep just waiting for them to respond, although the DJ gave them until the 23rd to file a copy of the regulated agreement by 4pm on the 23rd. dont know yet if this has been done,

and yep found your thread too.

[letsgetitsorted]

an update on my requests

vanquis- delivery of CCa Request confirmed 22/12

DCA for cap 1 - returned fee, passed back to cap 1

littlewoods delivery of CCA confimed 21/12

Aqua - lost in post despite recorded delivery

cap 1 - lost in post despite recorded delivery

[maroondevo52]

Good luck with them

[letsgetitsorted]

Hi Postggi,

managed to get through to the court today, and checked to see if the claimant had issued the agreement has requested by the court and the answer to that is no, now i need to do a letter to go for strike out and costs, any idea. cheers

[Gazza112]

Hi Postggi,

managed to get through to the court today, and checked to see if the claimant had issued the agreement has requested by the court and the answer to that is no, now i need to do a letter to go for strike out and costs, any idea. cheers

 

 

Hi Letsgetitsorted

 

I was in the same situation as you with CL Finance/ Howard Cohen.

It may pay you to look at my thread, you may find something to help you out.

With my case it was struck out, i contacted the Courts to find out if i could put in for wasted costs. was told to write in with a detailed costs order. If it's the same as mine you will get an order from the Courts allowing your costs and to serve a copy to the Claiment

(Cl Finance/Howard Cohen).

I was in Court on Tuesday and Won my wasted costs order.

 

Hope this helps.

 

 

Gaz

[letsgetitsorted]

hi GAz

Many thanks for the info, where is your thread,

i shall have a look.

cheers

[Gazza112]

Here's my link

 

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/162249-mbna-cca-agreement-help-32.html

 

 

Gaz